Sleep apnea decisions — 2023

The Veteran withdrew his appeal for an increased rating for asthma, and the Board dismissed the case as a result.

The Veteran's tinnitus and sleep apnea claims are remanded due to inadequate medical opinions. The Board finds that the Veteran was exposed to noise in service, but the VA examiner did not consider this exposure when assessing the relationship between his current conditions and service.

The Board has remanded the Veteran's claims for obstructive sleep apnea and residuals of traumatic brain injury due to incomplete medical opinions in previous examinations. The Veteran is required to undergo new VA examinations to determine if his conditions are related to service.

The Veteran's PTSD is granted with an initial 70 percent rating, effective from the date of his claim. Other service-connected conditions are also granted or remanded as specified.

The Veteran's claim for service connection for sleep apnea has been reopened, and the Board finds a remand is warranted to obtain another VA opinion. The earlier effective date claim for PTSD is also remanded due to its inextricability with CUE claims.

The reduction of the rating for lumbosacral spine degenerative disc disease with left S1 radiculopathy from 40 percent to 20 percent, effective July 1, 2018, was improper and the 40 percent rating is restored.

The Board has remanded the case due to the need for additional development, including an updated VA examination and retrieval of any outstanding VA treatment records.

The Board denied an extraschedular rating for the lumbar spine disability prior to April 28, 2015 and granted a TDIU from February 1, 2010 onwards. The decision also noted that the Veteran's combined rating was at or above 70% throughout the appeal period.

The Veteran's claims for service connection were dismissed as the appeal was withdrawn, and no new evidence was submitted to reopen a previously denied claim. The Board found that the additional evidence did not relate to an unestablished fact necessary to substantiate the claims.

The Veteran's claims for service connection have been reopened and granted. Service connection is now established for bilateral hearing loss, an acquired psychiatric disorder (including PTSD), seizures, and obstructive sleep apnea.,However, the Board has found that additional evidence is needed to determine if the Veteran's claimed conditions are secondary to his service-connected acquired psychiatric disorder.

The Veteran's lumbar strain and intervertebral disc syndrome are currently rated at 20 percent, but the Board has remanded for further development due to conflicting evidence.

The Board has granted the Veteran's claims for service connection for right knee disability, left knee disability, and obstructive sleep apnea as secondary to PTSD. The decision is based on direct evidence of in-service injury and continuity of symptomatology.

The Veteran's service connection claim for an acquired psychiatric disorder other than PTSD is denied as there is no current diagnosis of such a condition separate from his service-connected PTSD.,Service connection for OSA, secondary to service-connected PTSD, is granted based on the Veteran's long-standing snoring and obesity history.

The Board has decided to remand the case due to the need for a supplemental medical opinion regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected mild anemia or chronic bronchitis.

The Board has remanded several rating decisions and service connection claims due to the submission of additional VA examination and treatment records since April 2019. The Veteran is advised to submit a waiver for these records or have them considered by the AOJ.

The Board has remanded the Veteran's claim of service connection for a sleep disorder to include obstructive sleep apnea due to lack of evidence and need for further examination.

The Board has dismissed the appeals for service connection for obstructive sleep apnea and hypertension due to the Appellant's representative seeking to withdraw the appeal.

The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's obstructive sleep apnea is related or aggravated by his service-connected cervical spine condition and/or residuals of traumatic head injury.

The Board has determined that the July 2020 VA examination is not adequate and remands the case for further development, including an opinion on the nature and etiology of the Veteran's sleep apnea.

The Board has decided to remand the cases for further examination and opinion regarding service connection for sleep apnea and eye disabilities, given the Veteran's exposure to herbicide agents during his service.